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Departmental Information

Anti-People Smuggling and Other Measures Act 2010

Commencement: 1 June 2010

Client summary

The Anti-People Smuggling and Other Measures Act 2010 (the Amending Act) amends the Migration Act 1958 (the Act). The Amending Act received royal assent on 31 May 2010 and commences the day after Royal Assent on 1 June 2010.

The Act is amended by the Amending Act to:

  • harmonise relevant provisions in the Act and the Criminal Code Act 1995 (the Criminal Code Act) that relate to people smuggling (the Act) in order to ensure that offences for people smuggling ventures entering Australia or other countries (the Criminal Code Act) are consistently criminalised and to make minor technical amendments
  • establish a new offence of providing material support or resources towards a people smuggling venture
  • establish in the Act the aggravated offence of people smuggling involving exploitation or danger of death or serious harm to ensure that it is applied to people smuggling ventures entering Australia
  • extend the mandatory minimum penalty provisions in the Act to apply the higher minimum sentence and non-parole period for the new aggravated offence of people smuggling involving exploitation or danger of death or serious harm and where a person is convicted of multiple people smuggling offences.

Affected legislation

The following provisions of the Act are amended:

  • Section 232A, is repealed
  • Section 233, is repealed
  • Section 233A, is repealed and substituted
  • Section 233B, is repealed and substituted
  • Section 233C, is repealed and substituted
  • Section 233D, is inserted
  • Section 233E, is inserted
  • Section 234A, is inserted
  • Section 236A, is inserted
  • Section 236B, is inserted
  • Subsection 492(3), is repealed and substituted.

Additional information

The amending Act also contains amendments to the following Acts:

  • Australian Security Intelligence Organisation Act 1979
  • Criminal Code Act 1995
  • Proceeds of Crime Act 2002
  • Surveillance Devices Act 2004
  • Telecommunications (Interception and Access) Act 1979.

Related amendments to the Migration Regulations 1994 (the Regulations)

The related amendments to the Regulations are being updated.

Application of the new provisions

Changes to Section 236A of the Act applies to offences committed on or after the commencement of the Amending Act.

Forms

Nil.

Instructions

PAM3 will be amended to reflect these changes.